Arbitrary and Capricious

3,786 Florida cases classified under this topic, plus 448 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Music v. W. Conf. OF Teamsters Pension Tr. Fund
  712 F.2d 413· 9th Cir.· 1983-08-02 ·cited 34×
  The court held that the five-month waiting period for union disability pension eligibility, which delayed the commencement of eligibility beyond the date of disabling injury, was arbitrary and capricious and lacked a reasonable justification.
• Nat'l Fed'n OF Fed. Emps. v. Fed. Labor Relations Auth.
  681 F.2d 886· D.C. Cir.· 1982-06-29 ·cited 34×
  The court affirmed the FLRA's decision that the union's bargaining proposals were nonnegotiable, upholding the FLRA's refusal to consider the union's untimely response.
• City OF Seabrook v. United States Env't Prot. Agency
  659 F.2d 1349· 5th Cir.· 1981-10-30 ·cited 34×
  The court held that the EPA's policy of 'conditional approval' for state implementation plans under the Clean Air Act is a reasonable interpretation of the statute, and that the EPA's grant of conditional approval to portions of the Texas SIP revisions was proper.
• Nat'l Labor Relations Bd. v. Nixon Gear, Inc.
  649 F.2d 906· 2d Cir.· 1981-05-26 ·cited 34×
  The court held that the National Labor Relations Board abused its discretion by failing to order an evidentiary hearing on the Company's objections to the Union's alleged misrepresentations and improper inducements, and therefore denied enforcement of the Board's order.
• People of the State of Ill. v. United States & Interstate Commerce Comm'n
  666 F.2d 1066· 7th Cir.· 1981-01-20 ·cited 34×
  The ICC's decision to permit railroad abandonment was arbitrary and capricious for three independent reasons: (1) the ICC's conclusory finding that maintenance expenses of $3,583 per mile were 'reasonable' failed adequately to address petitioners' argument that post-1976 cost inc
• Papago Tribal Util. Auth. & Ariz. Elec. Power Coop., Inc. v. Fed. Energy Regulatory Comm'n
  610 F.2d 914· D.C. Cir.· 1979-08-21 ·cited 34×
  The court held that the service agreements required Commission action to change rates, not just a utility filing under Section 205, and that the Commission's acceptance of the filing was not arbitrary.
• United States Steel Corp. v. United States Env't Prot. Agency
  605 F.2d 283· 7th Cir.· 1979-08-01 ·cited 34×
  The court held that the EPA had good cause to bypass notice and comment procedures for air quality designations due to statutory deadlines and that the designations were not arbitrary or capricious. Furthermore, statutory limitations on judicial review of procedural errors preven
• Commonwealth OF Mass. v. Andrus
  594 F.2d 872· 1st Cir.· 1979-02-20 ·cited 34×
  The court held that the enactment of the 1978 amendments to the Outer Continental Shelf Lands Act rendered the appeal from the preliminary injunction moot, as the amendments addressed the deficiencies that formed the basis of the injunction.
• Rombough v. Fed. Aviation Admin.
  594 F.2d 893· 2d Cir.· 1979-02-14 ·cited 34×
  The FAA's denial of an exemption from the Age 60 Rule and its policy of refusing all such exemptions is neither arbitrary nor capricious and is therefore affirmed.
• British Am. Commodity Options Corp. & Lloyd v. Bagley
  552 F.2d 482· 2d Cir.· 1977-04-04 ·cited 34×
  The court held that the Commodity Futures Trading Commission's new regulations for commodity options dealers were largely valid, reversing the district court's injunction against the segregation requirement but affirming the denial of other relief.
• Concerned Residents OF Buck Hill Falls v. Grant
  537 F.2d 29· 3d Cir.· 1976-06-01 ·cited 34×
  The court held that multi-dam watershed projects can be evaluated as a single unit for cost-benefit analysis under the Watershed Protection and Flood Prevention Act, and that the agency's interpretation of its own evaluation procedures is controlling if reasonable.
• Nat'l Welf. Rights Org. v. Mathews
  533 F.2d 637· D.C. Cir.· 1976-02-20 ·cited 34×
  The Secretary has the power to promulgate regulations specifying maximum resource limits, exemptions, and valuation methods for AFDC recipients, but the specific regulation at issue is invalid because it values property without regard to encumbrances, conflicting with the statute
• Env't Def. Fund, Inc. v. Env't Prot. Agency & Russell E. Train
  510 F.2d 1292· D.C. Cir.· 1975-04-04 ·cited 34×
  The court held that the EPA's order suspending the registration of aldrin and dieldrin was a rational exercise of discretion, supported by substantial evidence, and not arbitrary agency action.
• Union Elec. Co. v. Env't Prot. Agency
  515 F.2d 206· 8th Cir.· 1975-03-27 ·cited 34×
  The court held that economic and technological feasibility issues do not provide grounds for review under Section 307(b)(1) of the Clean Air Act Amendments, even if they arise after the initial 30-day review period.
• Sokoloff v. Saxbe
  501 F.2d 571· 2d Cir.· 1974-07-25 ·cited 34×·via Arbitrary And Capricious Standard Of Review
  The court suggests the Administrator give careful consideration to the petitioner's application for a new Schedule II certificate.
• Schlegel v. The United States
  416 F.2d 1372· Ct. Cl.· 1969-10-17 ·cited 34×
  The court's majority opinion, which the author concurs with in judgment only, is criticized for its discussion of a prior case regarding the removal of a federal employee for off-duty homosexual conduct.
• Weiss v. The United States
  408 F.2d 416· Ct. Cl.· 1969-03-14 ·cited 34×
• Taylor v. United States Civil Serv. Comm'n
  374 F.2d 466· 9th Cir.· 1967-03-09 ·cited 34×
  The court held that the expungement of criminal convictions under state law does not prevent their consideration as evidence of misconduct for federal employment dismissal, and the dismissal was not arbitrary or capricious.
• Old Colony Bondholders v. New York
  161 F.2d 413· 2d Cir.· 1947-01-13 ·cited 34×
  The court held that the Commission's Sixth Supplemental Report and Order were valid, and the district court's approval of the reorganization plan was proper, despite the lack of further hearings after remand.
• Nat'l Labor Relations Bd. v. Prudential INS. Co. OF Am. (two cases)
  154 F.2d 385· 6th Cir.· 1946-04-01 ·cited 34×
  The court held that the National Labor Relations Board's refusal to immediately revoke a prior bargaining unit certification, despite later finding a larger unit appropriate, was not arbitrary or capricious, as certifications are entitled to a reasonable period of stability.
• Consol. Water Power & Paper Co. v. Bowles
  146 F.2d 492· Emer. Ct. App.· 1944-12-06 ·cited 34×
  The court held that Maximum Price Regulation No. 451 was invalid as applied because it discriminated against products of equal quality by failing to provide for their listing, thereby imposing an unfair competitive handicap.
• Madison Park Corp. v. Bowles
  140 F.2d 316· Emer. Ct. App.· 1943-12-27 ·cited 34×
  The court held that the Price Administrator lawfully established maximum rents based on April 1, 1941, prices, even if it prevented 'normal' rent increases, as the Emergency Price Control Act aimed to prevent inflation.
• Salmeron-Salmeron v. Warden Bill Spivey
  926 F.3d 1283· 11th Cir.· 2019-06-13 ·cited 33×
  The court held that the improper inclusion of irrelevant documents in the administrative record and its subsequent supplementation were harmless errors, and that USCIS's decision not to exercise jurisdiction over the asylum claim was rational and not arbitrary or capricious.
• Lifecare Int'l v. CD Med., Inc.
  68 F.3d 429· 11th Cir.· 1995-11-07 ·cited 33×
  CD Medical challenged an arbitration award in favor of Lifecare International on two grounds: that arbitrator Craig Stein was biased due to nondisclosures, and that the award was arbitrary and capricious. The Eleventh Circuit affirmed the district court's confirmation of the awar
• Luby v. Teamsters Health
  944 F.2d 1176· 3d Cir.· 1991-09-20 ·cited 33×
  The court held that de novo review applies to ERISA plan administrator's fact-based beneficiary determinations unless the plan expressly grants discretion, and that such review is not limited to the evidence before the administrator. The court also held that restitution of mistak
• Sofarelli v. Pinellas Cnty.
  931 F.2d 718· 11th Cir.· 1991-04-29 ·cited 33×
  The court held that Sofarelli stated a claim under the Fair Housing Act against the neighbors, but not against the county or sheriff. The court also held that § 1983 claims against all parties failed.
• Geyen v. Marsh
  775 F.2d 1303· 5th Cir.· 1985-11-05 ·cited 33×
  The court held that Geyen's claim challenging his activation and hardship discharge denials is barred by the six-year statute of limitations, but his claim challenging the Army Board for Correction of Military Records' decision is not time-barred or barred by laches.
• Lloyd Noland Hosp. & Clinic v. Heckler
  762 F.2d 1561· 11th Cir.· 1985-06-12 ·cited 33×
  The court held that the Secretary's malpractice insurance premium rule was promulgated in violation of the Administrative Procedure Act (APA) because it was arbitrary and capricious, lacking a reasoned basis and adequate notice. The court affirmed the district courts' invalidatio
• Friends OF the Everglades, Inc. v. Bd. OF Cnty. Comm'rs OF Monroe Cnty.
  456 So. 2d 904· Fla. 1st DCA· 1984-07-25 ·cited 33×
  Friends of the Everglades and Upper Keys Citizens Association sought to appeal a Monroe County development order for Port Bougainville to the Florida Land and Water Adjudicatory Commission (FLWAC) and to compel the Department of Community Affairs to enforce environmental laws. Th
• Lukas E. Hoska, III v. United States Dep't OF THE Army
  677 F.2d 131· D.C. Cir.· 1982-04-30 ·cited 33×
  The court held that the Merit Systems Protection Board's decision affirming the revocation of petitioner's security clearance was not supported by substantial evidence.
• Henry v. Louie L. Wainwright
  661 F.2d 56· 5th Cir.· 1981-11-12 ·cited 33×·via Arbitrary And Capricious Sentencing
  Allowing a jury in a capital case to consider nonstatutory aggravating factors in sentencing is a constitutional error that warrants a writ of habeas corpus.
• Zeigler v. Jackson
  638 F.2d 776· 5th Cir.· 1981-03-02 ·cited 33×·via Arbitrary And Capricious Action
  The court held that the Commission's termination of Zeigler violated his right to equal protection because similarly situated individuals with similar or more serious convictions were retained, and the Commission failed to provide a rational justification for the differential tre
• Commodity Futures Trading Comm'n v. Hunt
  591 F.2d 1211· 7th Cir.· 1979-01-08 ·cited 33×
  The court held that the speculative limit regulation was valid and that the Hunts violated it, reversing the denial of injunctive relief and remanding the disgorgement issue.
• DYE v. United States Parole Comm'n
  558 F.2d 1376· 10th Cir.· 1977-08-02 ·cited 33×
  The court held that the Parole Board's denial of parole was not arbitrary and capricious, and the district court correctly denied the habeas corpus petition.
• George and Mary Daly v. Volpe
  514 F.2d 1106· 9th Cir.· 1975-03-20 ·cited 33×
  The court held that the Environmental Impact Statement (EIS) for the Interstate 90 segment was procedurally adequate under NEPA, and the district court did not err in dissolving the injunction.
• Miami Newspaper Printing Pressmen's Union Local 46 v. McCULLOCH
  322 F.2d 993· D.C. Cir.· 1963-07-18 ·cited 33×·via Arbitrary And Capricious Action
  The court held that the Board's failure to certify the results of a properly conducted election, due to procedural doubts, was an arbitrary and capricious act exceeding its powers, giving the district court jurisdiction.
• Jacobs v. City OF Lawrence
  927 F.2d 1111· 10th Cir.· 1991-03-05 ·cited 32×
  The court held that the appellants failed to state a claim for procedural due process, equal protection, or substantive due process, and that the city was immune from antitrust liability under the state action doctrine.
• Belcher v. Kier
  558 So. 2d 1039· Fla. 2d DCA· 1990-02-02 ·cited 32×
  Mobile home park tenants challenged rental increases as unconscionable under Florida's Mobile Home Act. The trial court found both procedural and substantive unconscionability and reduced rents. The appellate court reversed, holding that while procedural unconscionability existed
• Int'l Bhd. of Elec. Workers v. Interstate Commerce Comm'n & the United States
  862 F.2d 330· D.C. Cir.· 1988-11-25 ·cited 32×
  The ICC has the statutory authority to review arbitration awards concerning employee protective conditions, and its decision to do so in this case was not arbitrary or capricious.
• Edwards v. State Farm Mut. Auto. Ins. Co.
  851 F.2d 134· 6th Cir.· 1988-06-29 ·cited 32×
  The court held that the Retirement Committee's denial of disability benefits was arbitrary and capricious because it relied on the full plan's definition of 'date of disablement' rather than the misleading summary plan description and subsequent assurances provided to the employe
• The United States Dep't OF Navy & Philadelphia Naval Shipyard v. Fed. Labor Relations Auth.
  840 F.2d 1131· 3d Cir.· 1988-03-02 ·cited 32×
  The court held that a federal agency must provide a union with the names and home addresses of bargaining unit members, as this disclosure is necessary for collective bargaining and not prohibited by the Privacy Act.
• Am. Horse Prot. Ass'n, Inc. v. Lyng
  812 F.2d 1· D.C. Cir.· 1987-02-24 ·cited 32×
  The court held that the Secretary of Agriculture's refusal to institute rulemaking proceedings to revise regulations under the Horse Protection Act was not adequately explained and was potentially arbitrary and capricious.
• Trustees FOR Alaska v. Hodel
  806 F.2d 1378· 9th Cir.· 1986-12-23 ·cited 32×
  The dissenting judge believes the 1002 report is not a 'study process' requiring extensive public comment procedures under NEPA.
• Blackwood v. Immigr. & Naturalization Serv.
  803 F.2d 1165· 11th Cir.· 1986-11-10 ·cited 32×
  The court affirmed the Board of Immigration Appeals' decision to reverse the grant of discretionary relief from deportation, finding the equities presented did not outweigh the seriousness of the drug trafficking conviction.
• Union OF Concerned Scientists v. United States Nuclear Regulatory Comm'n & the United States
  735 F.2d 1437· D.C. Cir.· 1984-05-25 ·cited 32×
  The court held that the Nuclear Regulatory Commission's (NRC) rulemaking, which treats the results of emergency preparedness exercises as distinct from the Section 189(a) hearing requirement for operating licenses, is consistent with the Atomic Energy Act.
• S. Pac. Transp. Co. & St. Louis Sw. Ry. Co. v. Interstate Commerce Comm'n & United States
  736 F.2d 708· D.C. Cir.· 1984-05-22 ·cited 32×
  The court affirmed the Interstate Commerce Commission's approval of railroad consolidations, finding its decision consistent with the public interest, except for one issue remanded for further proceedings.
• ST. Francis Hosp. Ctr. v. Heckler
  714 F.2d 872· 7th Cir.· 1983-08-12 ·cited 32×
  The court held that nonproprietary hospitals are not entitled to reimbursement for a return on equity capital under the Medicare Act, as Congress did not intend for such costs to be considered 'reasonable costs' for these providers.
• Mem'l Hosp. v. Heckler
  706 F.2d 1130· 11th Cir.· 1983-06-06 ·cited 32×
  Hospitals are not entitled to Medicare reimbursement for patient telephone services, as they are personal comfort items, nor for Hill-Burton free care costs due to recent legislation disallowing such reimbursement.
• Ismene M. Kalaris v. Donovan
  697 F.2d 376· D.C. Cir.· 1983-01-04 ·cited 32×
  The court held that the Secretary of Labor can remove members of the Benefits Review Board at his discretion, as the Board is not an Article III court and the Act does not provide for removal only for cause.
• J. H. Rose Truck Line, Inc. v. Interstate Commerce Comm'n & United States
  683 F.2d 943· 5th Cir.· 1982-08-27 ·cited 32×
  The court held that the ICC's order granting Herman a certificate of public convenience and necessity was supported by substantial evidence and was not arbitrary or capricious, and that the ICC adequately articulated its reasoning.